Imported analyser diagnostic cartridges treated as accessories with analyser system, not standalone diagnostic reagents; extended limitation and penal...
Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
Family-linked property purchases using fabricated loan agreements and benami-style arrangements held to be crime proceeds; attachment upheld, appeal d...
The dominant issue was whether advances/deposits written off under "administrative expenses" pursuant to a settlement with an associated party were allowable as revenue deduction under s.37(1) or as business loss under s.28, or were in substance capital outlay for acquisition of an MRI machine. The appellate authority had allowed the claim without examining whether any expenditure or business loss actually arose in the course of business, whether the assessee was in the business of advancing loans, whether there was any attempt to procure the alleged capital asset, and whether the timing and substance of successive agreements supported a genuine business transaction; it also relied on inapplicable precedents and did not consider the binding decision cited by the Revenue. The matter was remanded for fresh adjudication, and the Revenue's appeal was allowed for statistical purposes. - ITAT
The dominant issue was whether advances/deposits written off under "administrative expenses" pursuant to a settlement with an associated party were allowable as revenue deduction under s.37(1) or as business loss under s.28, or were in substance capital outlay for acquisition of an MRI machine. The appellate authority had allowed the claim without examining whether any expenditure or business loss actually arose in the course of business, whether the assessee was in the business of advancing loans, whether there was any attempt to procure the alleged capital asset, and whether the timing and substance of successive agreements supported a genuine business transaction; it also relied on inapplicable precedents and did not consider the binding decision cited by the Revenue. The matter was remanded for fresh adjudication, and the Revenue's appeal was allowed for statistical purposes. - ITAT
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